Suing for a Non-Contact Traffic Incident
My question involves an injury that occurred in the state of: Washington
My friend was recently involved in a traffic incident where a married couple were in a car on the left lane driving 40 mph down a street. My friend was in the right lane, and according to the plantiff, she ran them off of the road by changing into their lane when she did not see them. This apparently led them to run into the curb, popping a tire, and they followed my friend, the defendent, 3 miles on a popped tire. My friend was not aware of this incident at any time until she stopped and the plantiff stopped where she did and told her about it. She recieved papers today that say the plantiff is suing her for mental distress, doctor and perscription costs for injuries that are not very apparent, along with the damages to their vehicles. The police reported to the incident, and the plantiff party did not have insurance at the time of the incident. There is no proof that the incident occured, the case is being based simply on what the plaintiff said that saw happen. Further more, the papers were served to her house when she was not home, and so her mother signed for them which didnt make much sense to me. She was over 18 at the time of the incident, and so I dont understand how the papers can be served to her mother and still be valid. I am curious is these people have a valid case, and if the papers that were served are valid as the defendent did not sign for them. And does the fact that the defendent had insurance and the plaintiff did not make any difference in the case? Any help in this matter is much appreciated, thank you in advance.
Re: Suing for a Non Contact Traffic Incident
This is why you have insurance and insurance companies have lawyers.
Use them.
Was your friend ticketed?
Re: Suing for a Non Contact Traffic Incident
Service on a responsible party at the address is usually sufficient. She can check with the court to see if it is legitimate.
Re: Suing for a Non Contact Traffic Incident
I agree with cyjeff. Your friend should talk to her ins. co. (if she has not already done so). Let them handle it.
Suing for a Non Contact Traffic Incident
Looks to me like service was done properly. Here's the applicable rule in WA:
RCW 4.28.080(15): ...to the defendant personally, or by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and discretion then resident therein.
I know someone who was involved in a situation that is uncannily similar. He had insurance and the plaintiff did not (that isn't going to make any difference BTW.)
There was no contact with the other vehicle.
You can definitely be sued for an accident even if you never come in contact with the other vehicle.
As someone else said - just tell your insurance company and tell them immediately. Don't wait a couple of days.
In the case of the person I know the insurance company just paid on the claim. The plaintiff's case isn't weak merely because the defendant didn't know they caused an accident.
Look at the facts: they chased down your friend immediately and with a popped tire. People don't just randomly chase down and stop random strangers just to get money for a new tire. Many if not most insurance claims are paid out solely on "he said-she said" evidence.